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Arbeat Group FZE Terms and Conditions
INTRODUCTION
This Terms and Conditions together with the Privacy Policy constitute the Client Agreement
(the “Agreement”) between you (“Client” or “your”) and Arbeat Group FZE (“Arbeat”,
“Company”, “we”, “us”, or “our”) in connection with the services provided to you as a Retail,
a Qualified Retail, or an Institutional Investor as applicable by Arbeat under its Virtual Asset
Service Provider License (“VASP License”) issued by the Dubai Virtual Assets Regulatory
Authority (“VARA”), for the provision of Broker-Dealer Services issued.
Capitalised words in this Agreement have the meaning assigned to them in this Agreement
or in the relevant VARA Rulebook. VARA Rulebooks and regulations can be found on the
VARA website.
IMPORTANT NOTICE THE ARBEAT WEBSITE AND THE SERVICES IT OFFERS ARE NOT
ADDRESSED TO OR INTENDED TO BE USED BY PERSONS THAT HAVE THEIR REGISTERED
PLACE OF RESIDENCE IN THE UNITED STATES OF AMERICA, OR ANY SANCTIONED
COUNTRY INCLUDING CUBA, IRAN, NORTH KOREA, SUDAN, SYRIA, YEMEN, OR IN A
JURISDICTION WHERE TRADING OR HOLDING OF VIRTUAL ASSETS (“VIRTUAL ASSETS”)
IS RESTRICTED OR FORBIDDEN UNDER DOMESTIC LAW OR REGULATION (A “SANCTIONED
COUNTRY” AND A “RESTRICTED COUNTRY”).
Arbeat may serve Retail Investors, Qualified Retail Investors and Institutional Investors (as
defined in the VARA Market Conduct Rulebook (“MCR”) under its VASP License. By
accepting the terms and conditions contained in this Agreement, you are confirming to us
that you are a Retail Investor, a Qualified Retail Investor, or an Institutional Investor as
applicable in accordance with the MCR.
In order to sign up to or continuing using an account on Arbeat, through the Arbeat website,
or any of our APIs, or mobile applications (collectively the “Arbeat Site”), you must read,
understand and acknowledge your acceptance to be bound by the terms within this
Agreement.
If you do not agree to any of the terms herein and/or the Privacy Policy, and do not provide
an acknowledgment of your acceptance to be bound by this Agreement, you may not use or
continue to use the Arbeat Site and/or any of the Arbeat Services and/or products. Arbeat
shall provide its products and/or services to you only upon your written acknowledgement
of acceptance to the Agreement.
By clicking “I Agree”, you confirm your acceptance to be bound by the Agreement including
its Appendices and Schedules as amended and modified from time to time.
A copy of the Agreement will be sent to your registered email address upon your acceptance.
ARBEAT GROUP FZE
Arbeat Group FZE is a company formed and existing in the United Arab Emirates, under the
Dubai Integrated Economic Zones Authority (License number 3515) and having its registered
address at 23.01-EO30 Sheikh Rashid Tower DWTC, Dubai, United Arab Emirates.
DISCLAIMER
Arbeat cannot and does not guarantee the value of Virtual Assets. You acknowledge and
agree that the value of Virtual Assets is highly volatile and that buying, selling, trading and
holding Virtual Assets involves significant risks. The risk of loss in buying, selling, trading
or holding of Virtual Assets can be substantial. You should therefore carefully consider
whether buying, selling trading or holding Virtual Assets is suitable for you in light of your
financial circumstances.
In considering whether to buy, sell, trade or hold Virtual Assets, you should be aware that the
price or value of Virtual Assets can change rapidly, decrease, and potentially even fall to
zero, thereby resulting in a complete loss of your investment. If you are unable to bear the
financial risk of loss, please do not use or access the Arbeat Site.
You agree that you are solely responsible for any Virtual Asset transactions made on your
account and the use of the Arbeat Site. All services offered, marketed, or promoted by Arbeat
will be made available to users through the Arbeat Site.
Arbeat does not offer its services through any other platform and will never ask you to
provide your Arbeat account passwords, online banking password, ATM PIN, debit/credit
card CVV numbers, or to make payments in person, via cash deposits or money transfer
(Western Union, MoneyGram, etc.).
ARBEAT HAS PUBLISHED A DETAILED DESCRIPTION OF THE MATERIAL RISKS
ASSOCIATED WITH VIRTUAL ASSETS AND THE BUYING, SELLING, TRADING, SWAPPING,
AND HOLDING OF VIRTUAL ASSETS, INCLUDING THOSE RESULTING FROM A FAILURE OR
INABILITY TO PROVIDE THE ARBEAT SERVICES, IN ITS RISK DISCLOSURE STATEMENT ON
THE ARBEAT SITE. THE RISKS DETAILED IN THE RISK DISCLOSURE STATEMENT IS BY NO
MEANS EXHAUSIVE. YOU MUST READ AND UNDERSTAND THE RISK DISCLOSURE
STATEMENT PRIOR TO USING ANY ARBEAT PRODUCTS AND/OR SERVICES.
DEFINITIONS
Client Account means an account at a third party bank which holds or is established to hold
the Client Money of one or more clients; and is maintained under the name of Arbeat.
Client Money means all money held or controlled by Arbeat on behalf of a client in the course
of, or in connection with, the carrying on of any Arbeat Services in relation to virtual assets,
except for:
i. Money which is immediately due and payable to Arbeat, such as fees for services provided
to a client;
ii. Amounts payable by Arbeat for expenses incurred on behalf of the client; and
iii. Other charges that are due and payable to Arbeat.
Fiat shall mean government issued currency that is designated as legal tender in its country
of issuance through government decree, regulation or law.
Force Majeure shall mean certain acts, events or circumstances that are beyond the control
of the parties and which prevent a party from performing any of its obligations under the
Agreement, including but not limited to act of God, outbreak of war, hostilities, insurrection,
riot, strikes, acts or threat of terrorism, breakout of pandemics or epidemics, act of state or
government, breakdown or failure of hardware, software, internet connections, transmission
and/or system equipment, communication failures, system error or other operational
failures, etc.
Tier shall mean, in relation to Fiat currency, the maximum amount of Fiat currency that a
Client is permitted to deposit or withdraw within a given daily, weekly or monthly period as
applicable, subject always to the Verification level of the Client and as may be notified to the
Client from time to time.
Verification/Verify shall mean the process by which Arbeat shall conduct mandatory
customer due diligence check on the Client prior to onboarding the Client by obtaining the
Client know your customer (KYC) information and documents as required under applicable
laws and regulations.
Virtual Assets shall mean a digital representation of value that can be digitally traded and
functions as (1) a medium of exchange; and/or (2) a unit of account; and/or (3) a store of
value but does not have legal tender status in any jurisdiction. A Virtual Asset is (a) neither
issued nor guaranteed by any jurisdiction and fulfills the above functions only by agreement
within the community of users of the Virtual Assets; and (b) distinguished from Fiat currency
and electronic money.
1. SERVICES
Thank you for visiting our Arbeat Site and choosing to use one or more of the Arbeat Services
offered through the Arbeat Site.
Arbeat offers Broker-Dealer activity in relation to Virtual Assets in accordance with our
permission under VARA.
In accordance with our VASP License, Arbeat operates as a Broker-Dealer approved by VARA
to provide any one or more of the following Broker-Dealer Services:
i. Arrange orders for the purchase and sale of Virtual Assets between two Entities;
ii. Solicit or accept orders for Virtual Assets and accept Fiat currency, or other Virtual Assets
for such orders;
iii. Facilitate the matching of transactions in Virtual Assets between buyers and sellers;
and/or
iv. Wallet services (i.e. the generation of deposit wallet addresses for Arbeat’s customers on
COBO custody solution to facilitate virtual assets deposits into the platform.
Arbeat provides transaction and account services and custody arrangements (hereinafter
referred to as “Arbeat Services”) as described in further details below.
Except as otherwise stated, all Arbeat Services found on, or offered through the Arbeat Site
are offered without warranty, and on “as-is,” and with “all faults” basis.
1.1. Transaction and Account Services
The following services (the “Transaction and Account Services”) are provided to you by
Arbeat:
An intuitive interface with real-time order books, charting tools, trade history, and a
simple order process (the “Pro Platform”);
A product that allows you to buy and sell Virtual Assets (the “Lite Platform”);
A product that allows you to send and receive Virtual Assets to and from external
wallets; and
Wallet management and custody of Virtual Assets through third party custody
arrangements.
1.2. Custody Arrangements
Arbeat shall provide wallet services to you through third-party custody providers, with whom
Arbeat has entered into legally binding custodial arrangements, such as:
COBO a digital asset custody and wallet infrastructure provider.
Arbeat shall ensure that all custody arrangements are reviewed and approved by VARA prior
to providing you with any wallet services through such custody arrangement.
You understand and agree that while Arbeat shall have custody over your Virtual Assets
during the course of providing the Arbeat Services to you, Arbeat shall provide the Arbeat
Services to you solely on the basis of instructions provided by you through your Arbeat
Account.
Notwithstanding, Arbeat shall remain liable for Virtual Assets that it holds in its control under
any custody arrangements.
Arbeat shall reserve the right to change any of the Arbeat Services in whole or in part and/or
make change its VA activities. Arbeat will provide appropriate notice to you in accordance
with this Agreement.
1.3. Client Money Account and Deposit Protection
You may deposit fiat into your Arbeat Account by way of wire transfers, and/or credit or debit
card payments for use on the Arbeat Site (“Client Money”).
All fiat deposits made by you must be deposited into an Arbeat Client Account held and
maintained with Zand Bank appropriately and validly authorised by the Central Bank of the
UAE to accept or take deposits.
You must not make fiat payments or deposits into any account that is not an Arbeat’ Client
Account for the purpose of using any of the Arbeat Services.
Arbeat will hold your fiat deposits as part of Client Money in a Client Account held in the
name of Arbeat and established to hold Client Money belonging to Arbeat’ clients, in the
course of or in connection with Arbeat providing the Arbeat services.
Arbeat will make available to you a monthly statement of your total fiat balance held as Client
Money in a Client Account, including the amount, date and value of each credit and debit
paid into and out of your Arbeat account.
Notwithstanding anything to the contrary in this Agreement, you understand that any money
held as Client Money, any other fiat balances and/or Virtual Assets in your Arbeat Account
do not benefit from any form of deposit protection.
1.4. Order Book
You understand and agree that Arbeat does not maintain its own order book. Any order-
book(s) displayed on the Arbeat Site are therefore not Arbeat’ order-book(s) but the order
book(s) of third-party liquidity providers, with whom Arbeat has arrangement to route and
execute your orders.
Neither Arbeat nor any affiliated Entities shall take positions in the order books of the
liquidity providers with whom Arbeat has existing arrangements. Neither Arbeat nor any
affiliated Group companies undertake proprietary trading activities.
1.5. Fees.
Arbeat shall charge a fee in respect of the Arbeat Services. A full list of our fees can be found
on the Fees Page. Arbeat reserves the right to make changes to fees charged for the Arbeat
Services without prior notice to you.
1.6. Consent to access, process and store your personal data.
You hereby grant us your explicit consent to process any personal data you provide to us for
the purposes of Arbeat providing the Arbeat Services to you. This consent does not affect
your rights under the UAE Federal Decree-Law No. 45/2021 on the Protection of Personal
Data (“PDPL”) and its Implementing Regulations as may be amended or supplemented from
time to time and/or any other applicable data protection laws and regulations.
You may withdraw your consent to process your personal data at any time by contacting us
at support@arbeat.io and terminating this Agreement. Please note that we may retain and
continue processing certain aspects of your personal information under one or more
legitimate and lawful processing in accordance with the PDPL. Please see Section 11 (Data
Protection) below and our Privacy Policy for further information on how we process your
personal data, and the rights you have in respect of this.
2. ARBEAT ACCOUNTS AND ACCESS
2.1. Eligibility.
To be eligible to create an account on Arbeat (Arbeat Account) and use the Arbeat Services,
you must be:
i. eighteen (18) years old or over;
ii. a non-US resident;
iii. a non-sanctioned person under any applicable sanction lists including without limitation,
the United Nations Security Council Sanction List, (“UNSC”) UAE Local List, European Union
List, Her Majesty Treasury List (“HMTL”), and the Office of Foreign Assets Control List
(“OFAC”;
iv. a non-resident person of a Sanctioned and/or Restricted Country; and
v. have successfully completed the mandatory Customer Due Diligence (“CDD”), Know Your
Customer (“KYC”) procedures at the time of creating the Arbeat Account and on a regular
and periodic basis.
Due to United States regulations and federal laws, US residents or any persons accessing
Arbeat from the US, or a Sanctioned or Restricted Country are strictly prohibited from using
the Arbeat Site and such persons are prohibited from signing up for an Arbeat account. By
using the Arbeat Site or registering for an Arbeat Account, you represent and warrant that
you have the right, authority, and capacity to enter into this Agreement on these terms and
to abide by these terms.
As a Retail Investor or Qualified Investor, you represent and warrant that your Arbeat
Account is personal and used by you solely as beneficial owner of all funds and assets
transacted through and/or held in your Arbeat Account; and not for the benefit of any third
party.
2.2 Registration of an Arbeat Account.
In order to use the Arbeat Services, you must register and apply for a verified Arbeat Account
on the Arbeat Site and successfully complete a mandatory initial Customer Due Diligence
(“CDD”) procedure by providing your first and last name, an e-mail address, valid phone
number, and relevant Know Your Customer (“KYC”) documentation including but not limited
to a copy of your government issued identification document and a real-time liveness selfie.
You are entitled to open and operate one Arbeat Account only. You shall not register or
attempt to register, open or operate more than one Arbeat Account. Arbeat regularly
monitors its platform for duplicate accounts and will immediately close your Arbeat Account
if you are found to be operating more than one Arbeat Account on the Arbeat Site.
We may, at our sole discretion and without providing you with a reason, refuse to open an
Arbeat Account for you or request further information from you to proceed with opening an
Arbeat Account.
2.3 Identity Verification.
You agree to provide us with any and all information and documents we request for the
purposes of verifying your identity, completing a mandatory CDD procedure, and/or for the
detection and prevention of third-party payments, money laundering, terrorist financing,
fraud, or any other type of financial crime on the Arbeat Site.
You permit us to keep and maintain a record of all information and documents received from
you during your Arbeat Account registration and your mandatory initial CDD procedure and
thereafter, throughout the period of your holding the Arbeat Account and for a period of at
least eight (8) years thereafter or such period as may be defined by the applicable laws and
regulations binding on Arbeat.
You will be required to continue to maintain an acceptable CDD status on an ongoing basis
in order to have ongoing access and permission to use the Arbeat Site and Arbeat Services.
Arbeat shall carry out regular and periodic CDD procedures throughout the period that you
hold the Arbeat Account. You agree to provide Arbeat with updated KYC information and/or
documents in order to conduct regular and periodic CDD procedures and in order for you to
have ongoing eligibility to access and use the Arbeat Services.
Your access to one or more Arbeat Services, the Tier into which you are verified including
the limits that may apply to your Arbeat Account and your use of the Arbeat Services, shall
be determined at the time of onboarding and on an ongoing basis, by the level of CDD
procedure undertaken on you, and the sufficiency and relevancy of the KYC information
and/or documents obtained from you. Arbeat shall have the sole discretion of determining
the Tier into which you are verified, the limits that shall apply to your Arbeat Account and/or
to your use of the Arbeat Services, and the sufficiency and/or relevancy of the KYC
information and/or documents obtained from you.
The information we request and collect from you may include certain personal information,
including, but not limited to, your full name, your physical residential or registered company
address as applicable, your registered telephone number (fixed or mobile), your valid email
address, your date of birth, your taxpayer identification number, your government
identification number or your passport number, and information regarding your bank
account (such as the name of the bank, the account type, the SWIFT code, the IBAN number,
and the account number) and the relevant documents evidencing the information provided.
In providing us with information and documents that may be required by us for verification
purposes, you confirm that the information you provide to us is accurate, true and complete.
You agree to keep us updated if any of the information you provide to us changes.
You authorize us to make any necessary inquiries, whether directly or through third parties,
that we deem necessary in order to verify your identity during onboarding and on an ongoing
basis and/or protect you and/or us against fraud or other financial crime, and to take any
action we reasonably deem appropriate and necessary based on the results of such
inquiries. When we carry out these inquiries, you acknowledge and agree that your personal
information may be disclosed to fraud or financial crime prevention agencies, and that these
agencies may respond to our inquiries in full.
You acknowledge that you may experience some delay in accessing the Arbeat Services
while we make inquiries that we deem reasonably necessary and appropriate. You further
acknowledge and agree that certain inquiries may warrant the temporary suspension of your
use of and access to the Arbeat Services. You hereby agree that you shall not hold Arbeat
liable for any such delay, temporary suspension, and/or any loss that you may suffer from
any such delay in or temporary suspension of your use of the Arbeat Services.
2.4. Engagement with UAE Financial Intelligence Unit (FIU).
Arbeat is registered as a Reporting Entity to the UAE Financial Intelligence Unit (“FIU”) for
the purposes of submitting reports relating to the suspicious use of the Arbeat Site and
Arbeat Services to facilitate any money laundering, terrorist financing and/or other financial
crimes. We are committed to our engagement with and obligations to the FIU and in our fight
against money laundering, terrorism financing and other financial crimes. You agree that we
have no obligation to notify you of any information we provide to the FIU in relation to your
use of the Arbeat Site and/or Arbeat Services.
2.5. Access.
To access the Arbeat Services, you must have the necessary equipment (such as a laptop,
computer, smartphone, or tablet) and the associated telecommunication service
subscriptions to access the Internet. The Arbeat Services can be accessed directly using the
Arbeat Site only.
2.6. Scam.
Arbeat does not and shall not have any association, partnership or relationship with any
third-party Entity purporting to provide investment opportunities to customers of Arbeat
using any of the Arbeat Services and/or Arbeat Site. Any such claim by any third-party Entity
purporting to provide such opportunities and encouraging any person to participate in any
such investment scheme by utilizing any of the Arbeat Services and/or Arbeat Site is being
made without the knowledge, consent and/or involvement of Arbeat. You must ensure that
you carry out proper due diligence before engaging with any such Entity. Arbeat shall have
no obligation to you in respect of your engagement with a third-party Entity.
3. PAYMENT SERVICES
3.1. Funding your Arbeat Account.
In order to fund your Arbeat Account with Fiat, you must use one of the payment methods
available on the Arbeat Site, including:
(i) bank transfer to Arbeat Client Money Account via a manual bank wire transfer;
(ii) quick funding via your bank account linked to the Arbeat Site through Lean Technologies
Ltd., a third-party payment initiation provider; or
(iii) credit or debit card payment.
You acknowledge and agree that with respect to funding your Arbeat Account through credit
or debit cards, you shall use only Visa or MasterCard credit and/or debit cards which clearly
have the Visa or MasterCard logos or such other cards that Arbeat may permit for use on the
Arbeat Site from time to time. Arbeat undertakes to ensure that the Arbeat website will
maintain a Transport Layer Security (“TLS”) certificate to provide essential secure internet
browser connections and transactions through data encryption at all times.
3.2. Purchase of Digital Assets.
To purchase Virtual Assets, you must follow the relevant instructions on the Arbeat Site.
3.3. Finality of Virtual Asset Transactions.
When you place a transaction request on the Arbeat Site to buy, sell, trade, swap Virtual
Assets, or to withdraw Virtual Assets from your Arbeat Account to an external wallet, such
transaction request cannot be cancelled, amended, reversed or withdrawn once the
transaction request is confirmed/completed. You may however cancel your pending
transaction request prior to it being confirmed/completed on the Arbeat Site. You are fully
liable for any transaction request and transactions completed through your Arbeat Account.
You must therefore thoroughly review your transaction requests and/or instructions relating
to your transaction including without limitation wallet addresses, network, volume and/or
value of the order, etc. and ensure that all transaction requests and/or instructions relating
to your transaction are accurate and complete before they are confirmed.
3.4. Account Information.
You will be able to see your Arbeat Account balance in Fiat and/or Virtual Asset and your
transaction history on the Arbeat Site, including (i) the amount (and currency) of each Virtual
Asset Purchase; (ii) where you have transacted through the Pro Platform, any fees charged
(including a breakdown of the fees); (iii) where there has been a swap, the rate of exchange,
and the amount (in the new virtual asset) after exchange (where you are the payer) or the
amount (in the original currency) before the exchange (where you are the payee), and (iv) the
debit or credit date of each Fiat transaction or Virtual Asset purchase (as appropriate).
3.5. Redeeming your Fiat balance.
You may redeem all or part of your Fiat balance at any time by selecting the relevant option
on the Arbeat Site and following the instructions. On the termination of this Agreement, you
must withdraw and transfer any Fiat balance remaining in your Arbeat Account to a bank
account registered in your name on the Arbeat Site.
Prior to redeeming your Fiat balance on the Arbeat Site, we may conduct certain checks that
we deem reasonably necessary for the purposes of preventing money laundering, terrorist
financing, fraud and other financial crimes. You acknowledge and agree that any such
checks may cause delays to you redeeming your Fiat balance and/or using the Arbeat Site
to conduct any other Arbeat Service in connection with your Fiat balance. Arbeat may prevent
you from depositing or transferring Fiat into your Arbeat Account and/or restrict/limit the
Arbeat Services from being provided to you. Arbeat shall have no obligation to disclose the
reason for preventing your use of the Arbeat Site and/or for restricting/limiting the Arbeat
Services to you in this regard.
You acknowledge and agree that should your use of the Arbeat Site and/or Arbeat Services
be prevented, restricted or limited, you shall withdraw and transfer any Fiat balance
remaining in your Arbeat Account to a bank account registered in your name on the Arbeat
site, provided that the Fiat was deposited through a bank wire transfer. If you have deposited
the Fiat using credit and/or debit card, Arbeat will initiate the withdrawal and refund of the
Fiat balance to the credit and/or debit cards used to deposit the Fiat. Credit and/or debit card
payments are processed through a licensed third party payment service provider (“PSP”).
You acknowledge and agree that any withdrawal initiated to credit and/or debit cards may
take up to 15 working days to reflect in your card statement depending on your card’s issuing
bank.
3.6. Unauthorized and Incorrect Transactions.
Where a purchase of Virtual Assets and/or withdrawal of your Fiat balance is initiated from
your Arbeat Account using your credentials, we will assume that you have authorized such
transaction, unless you notify us otherwise.
If you believe that you did not authorize a particular transaction or that a transaction was
incorrectly carried out, you must contact us as soon as possible and, in any case, no later
than 30 days after the relevant transaction occurred, by email free of charge at
support@arbeat.io.
It is important that you check your Arbeat Account balance and your transaction history
regularly to ensure that any unauthorized or incorrect transactions are detected and notified
to us at the earliest. Where a transaction has been incorrectly made in your Arbeat Account
due to our error, you must notify us promptly of the incorrect transaction and we shall use
all reasonable efforts to rectify the error. An incorrect transaction into your Arbeat Account
does not confer any rights, benefits, or opportunities to you. Any actions that you take in
relation to transactions incorrectly reflected into your Arbeat Account due to our error may
be treated as fraudulent activities undertaken on your Arbeat Account.
We shall not be liable to you for any claim of unauthorized or incorrect transactions, and/or
to reimburse you for the amount of such unauthorized transaction or for any losses arising
from such unauthorized transaction unless you have notified us in accordance with this
section and we determine, at our sole discretion, that such unauthorized transaction
occurred as a direct result of our willful misconduct or gross negligence.
Generally, you shall be liable for all resultant losses in your Arbeat Account and any loss
incurred by us and/or other users on the Arbeat Site if the unauthorized access or use of
your Arbeat Account arises from:
your failure to carry out your obligations under this Agreement,;
your use or permitting the use of your Arbeat Account, the Arbeat Services and/or
the Arbeat Site for any fraudulent activity, including money laundering, terrorist
financing, other financial crimes and/or illegal activities;
giving a third party access to your personal laptop or mobile devices through which
your Arbeat Account, and/or the Arbeat Site may be accessed, or the Arbeat Services
and/or access to relevant security credentials for your Arbeat Account including
without limitation, passwords and One-Time Password (“OTP”);
failing to ensure the security of the credentials to your Arbeat Account and/or the
Arbeat Services, including without limitation, passwords, public keys, One-Time
Password (“OTP”), etc.
For more information on your Wallet Key, please see Section 4.5.
When you notify us of unauthorized access to, use of and/or transaction in your Arbeat
Account, we shall immediately deactivate your Arbeat Account to investigate the
unauthorized access, use and/or transaction. Arbeat shall, where possible, use commercially
reasonable effort to determine the cause or source of the unauthorized access, use and/or
transaction, and where it is within our capacity to do so, ensure that appropriate levels of
security have been restored in your Arbeat Account. Your Arbeat Account shall otherwise
remain deactivated. Where a transaction has been incorrectly made due to our error, we shall
make all reasonable effort to correct the error on the transaction.
4. VIRTUAL ASSET SERVICES
4.1 In General.
Your Arbeat Account enables you to deposit Fiat to access one or more of the Arbeat
Services. Once you have deposited Fiat into your Arbeat Account, you can redeem it on the
Arbeat Site. Your Arbeat Account also allows you to buy, sell, swap, transfer (withdraw),
receive (deposit), and hold Virtual Assets by giving the relevant instructions through your
Arbeat Account (each such transaction is a “Virtual Asset Transaction”). We refer to the Fiat
deposit transactions and the Virtual Asset transactions individually or collectively as the
“Arbeat Transactions”.
4.2 Fiat Deposit Transactions.
We will process Fiat deposits transactions in accordance with the instructions we receive
from you. You must verify all transaction information before submitting the instructions to
us.
By initiating a Fiat deposit transaction, you agree to pay any and all associated fees related
to the transaction including, but not limited to account hosting fees, service fees, conversion
fees, and/or banking fees.
We reserve the right to reject, cancel, and/or reverse any Fiat deposit transactions at our
sole discretion, including but not limited to, instances where we:
suspect that the transaction involves or has a high risk of involvement of third party
payment;
suspect that the transaction involves or has a high risk of involvement in money
laundering, terrorist financing, fraud, other types of financial crime and/or illegal
activities;
are so directed in response to a subpoena, court order, or other government,
regulatory and/or law enforcement order, or suspect that the transaction is unlawful
or violates any terms of this Agreement, etc.
4.3. Virtual Asset Transactions.
We will process Virtual Asset Transactions in accordance with the instructions we receive
from you. You must verify all transaction information before submitting the instructions to
us. When you process Virtual Asset Transactions that involve transfer of Virtual Assets to
third parties, you must ensure that such a third party is known to you and that you have
verified the third party’s identity and wallet address. Arbeat does not identify or verify the
identity of any third party to whom you transfer Virtual Assets. Arbeat does not verify the
purpose or reason for which the transfer of Virtual Assets to a third party is undertaken.
You hereby acknowledge and agree that Virtual Asset Transactions cannot be reversed once
they have been broadcasted to the relevant Virtual Asset blockchain. Arbeat shall have no
obligation to (i) determine the identity of any third party to whom you transfer Virtual Assets;
(ii) verify the purpose or reason for the transfer of Virtual Assets to any third party; or (iii)
reverse any Virtual Assets transfer that you have instructed on the Arbeat Site to a third
party.
You undertake to transmit your Virtual Assets Transactions through the right network. You
must verify and ensure that the network you select supports the relevant Virtual Assets. You
understand and acknowledge that transmitting Virtual Assets through the wrong network
may result in the loss of your Virtual Assets. You further understand and acknowledge that
Arbeat shall have no obligation or responsibility to provide services in connection with
locating, retrieving, or recovering Virtual Assets transmitted through a wrong network.
You understand that a Virtual Asset Transaction submitted to the relevant blockchain may
remain unconfirmed for a period of time, pending sufficient confirmation of the transaction
by the Virtual Asset blockchain. Virtual Asset Transactions that are unconfirmed on the
relevant blockchain shall remain in a pending state until they are confirmed. Arbeat shall
designate all unconfirmed Virtual Asset Transactions as “Pending” or “Incomplete” on your
Arbeat Account. A Pending or Incomplete Virtual Asset Transaction will not be included in
your Arbeat Account balance and will therefore be unavailable for you to transact. You agree
that Arbeat has no control over the length of time it takes for Virtual Asset Transactions to
be confirmed on the relevant blockchain and shall not be liable for any resulting delay and/or
losses.
By initiating a Virtual Asset Transaction, you agree to pay any and all applicable fees related
to the transaction including, but not limited to, account hosting fees, exchange fees, service
fees, conversion fees, blockchain network fees or banking or other payment service provider
fees. We reserve the right to reject any instructions given in relation to Virtual Asset
Transactions, or to cancel any Virtual Assets Transaction that you carry out on the Arbeat
Site at our sole discretion for any reason, including, but not limited to, instances where we:
i. suspect that the Virtual Asset Transaction involves or has a high risk of involving unknown
third party beneficiaries in connection with transactions deemed to be undertaken by Retail
Investors or Qualified Investors only.
ii. suspect that the Virtual Asset Transactions involves or has a high risk of involvement in
money laundering, terrorist financing, fraud, other types of financial crime, or illegal
activities;
iii. are so directed by in response to a subpoena, court order, or other government, regulatory
and/or law enforcement order; or
iv. suspect that the transaction is unlawful or violates any terms of this Agreement.
We shall, as soon as reasonably possible, notify you if at any time, we have reason to believe
that any Virtual Asset that you hold in your Arbeat Account has been compromised or
becomes subject to a security risk, including if we receive any such notifications from third
party service providers in relation to a compromise or security risk scenario.
You understand and agree that any Virtual Asset or Fiat that you hold in your Arbeat Account
are not protected under a deposit insurance or deposit protection program in the United Arab
Emirates or any other jurisdictions where Arbeat operates.
4.4 Supported Virtual Assets.
Our Transaction and Account Services are available in connection with those Virtual Assets
that Arbeat lists and supports in accordance with the Arbeat Listing Policy as supplemented,
modified, or amended from time to time (“Supported Virtual Assets”). Arbeat shall provide
its services in connection with Supported Virtual Assets provided that the Supported Virtual
Assets continue to meet the listing requirements stated in the Listing Policy. You must
regularly refer to the list of Supported Virtual Assets for updated information and details of
Virtual Assets supported on the Arbeat Site.
Under no circumstances should you attempt to use your Arbeat Account to store, send, or
receive Virtual Assets other than the Supported Virtual Assets. Arbeat shall assume no
responsibility or liability in connection with any loss you may suffer from your use or
attempted use of your Arbeat Account to store, send or receive Virtual Assets other than the
Supported Virtual Assets. Arbeat shall have no obligation to locate, retrieve, or return any
such Virtual Assets.
From time to time, we may delist, remove or limit support for Virtual Assets that no longer
meet the requirements of the Arbeat Listing Policy from the Arbeat Site. We reserve all rights
to list and delist Virtual Assets from the Arbeat Site at our sole discretion and in accordance
with our Arbeat Listing Policy. Arbeat shall take all reasonable steps to provide prior notice
of our intention to delist a Virtual Asset from the Arbeat Site; provided always that the
circumstance of the delisting allows for the provision of prior notice. We will communicate
any delisting decisions through the Arbeat Site and/or via email to your registered email
address (“Delisting Notice(s)”).
For the avoidance of any doubt, Arbeat shall immediately cease to provide any and all
services in relation to any Virtual Asset that it delists from the Arbeat Site from the date of
its delisting. Arbeat shall have no obligation to provide you with any service in relation to
Virtual Assets that are delisted from the Arbeat Site in accordance with this section,
including without limitation, the obligation to continue to hold and safeguard Virtual Assets
that are delisted from the Arbeat Site. You are responsible for ensuring that you read and act
on information in a Delisting Notice.
4.5 Account Access and Keys.
Account Access You understand that you must register an Arbeat Account on the Arbeat
Site before you can access and use any of the Arbeat Services. You may not access any
Arbeat Services other than through your Arbeat Account. After you have registered an Arbeat
Account, you must use the username and password created during the account registration
to log into your Arbeat Account. You will be required to verify your IP address through a link
automatically sent to your registered email address and thereafter, correctly input a One
Time Password (OTP) automatically generated and sent to your registered phone number
each time you attempt to log into your Arbeat Account. Your Arbeat Account will not be
accessible without successfully completing the above process or such process as may be
modified from time to time. You undertake to ensure the safety and security of your email
inbox and phone to prevent unauthorized access to an IP verification link and/or OTP sent
to your registered email address and phone number respectively. Where you have activated
the use of biometric data, you may view your Arbeat Account through the Arbeat mobile
application only using your biometric data.
4.6. Custody
We securely store your Virtual Assets in our custody in a combination of online and offline
storage. As a result, it may be necessary for us to retrieve certain information from offline
storage in order to facilitate a Virtual Asset Transaction in accordance with your instructions.
The process of retrieving information from offline storage requires several security checks
and validation and may take several hours to complete. You hereby acknowledge and agree
that Arbeat shall not be liable for any delay or any losses arising therefrom in connection
with your Virtual Asset Transactions.
You undertake to ensure the proper safekeeping of your password and any wallet keys. You
further undertake to maintain the confidentiality of all activities that occur through the use
of your password or wallet keys. You acknowledge and agree that you are fully responsible
for all liability and damages resulting from your failure to maintain proper safekeeping and
confidentiality. You are solely responsible for your Arbeat Account, wallet keys, password
and for any activities that occur within your Arbeat Account. You agree to immediately notify
us of any unauthorized use of your password, wallet keys, unauthorized access to your
Arbeat Account, or any other security breach event occurring in your Arbeat Account and/or
the Arbeat Site. You agree that Arbeat shall not be liable for any loss or damage arising from
your failure to comply with this provision.
4.7. Advanced Protocols.
Unless specifically announced on the Arbeat Site or through any official public statements
issued by Arbeat, we will not support metacoins, coloured coins, side chains, or other
derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with
a Virtual Asset we support (collectively, “Advanced Protocols”). You must not attempt to use
your Arbeat Account to receive, send, store, or engage in any type of transaction involving
an Advanced Protocol. The Arbeat Site is not configured to detect, process, and/or secure
Advanced Protocol transactions. You acknowledge and agree that we shall have no
responsibility whatsoever in respect of an Advanced Protocol.
4.8 Operation of Virtual Asset Protocols.
We do not own or control the underlying software protocols which govern the operation of
Virtual Assets supported on the Arbeat Site. Generally, the underlying software protocols are
open source, and anyone can use, copy, modify, and distribute them. We assume no
responsibility for the operation of the underlying software protocols and we do not guarantee
their functionality, security, or availability.
You acknowledge and accept the risk that underlying software protocols relating to any
Virtual Asset you store in your Arbeat Account may change at any time without notice to you.
In particular, the underlying software protocols are likely to be subject to sudden changes in
operating rules (“forks”), and such fork events may materially affect the value, function,
and/or the name of the Virtual Asset you store in your Arbeat Account. Where possible, we
may provide you with notices or alerts on fork events in accordance with Section 12.5
(Contact Information) below. Arbeat will, where possible, assess the impact of a fork event
as soon as it becomes aware of the same and provide notification to you on how a fork event
may affect you before, during and after the fork event. You undertake to read such notices
or alerts in order that you may consider how to deal with upcoming fork events. However, it
is your responsibility to make yourself aware of, and consider how to deal with, upcoming
fork events.
In the event of a fork event, you understand that we may need to suspend, temporarily or
permanently, some or all of the Arbeat Services in relation to Virtual Assets subject to a fork
event. While Arbeat will use reasonable efforts to provide prior notice in the event of a
suspension, certain circumstances may restrict our ability to provide prior notice. Arbeat
shall, in our reasonable discretion, decline to support one or more branches of a fork event.
You acknowledge the risks presented by fork events and you accept that we have no
responsibility to define new processes for transferring, swapping, buying or selling an
unsupported branch of a forked protocol.
5. VIRTUAL ASSET BROKERAGE SERVICES
5.1. In General.
The Virtual Asset Brokerage Service enables you to buy Virtual Assets using:
Available balance of Fiat currency supported by Arbeat in your Arbeat Account;
and/or
Balance of Fiat currency supported by Arbeat in your Arbeat Account; and/or
Supported Virtual Assets pairs.
Conversely, when you sell Virtual Assets, you may elect to receive:
Another Supported Virtual Asset at the prevailing rate of exchange; and/or
Fiat currency supported by Arbeat.
5.2. Fiat Transactions.
You may purchase Supported Virtual Assets by redeeming your Fiat balance on the Arbeat
Site. You may deposit Fiat by utilizing one or more of the funding methods available on the
Arbeat Site.
5.3 Availability of Payment Methods.
The payment methods that will be available to you for the purpose of depositing Fiat will
depend on a number of factors including, without limitation, where you are located, and
limitations imposed by third party payment processors or licensed financial institutions.
Although we shall attempt to deliver Virtual Assets to you as promptly as possible, funds
may be debited from your Fiat balance before the status of your Virtual Asset Transaction is
shown as complete and is reflected in your Arbeat Account.
5.4. Central Bank Currency Transactions.
You may sell Supported Virtual Assets available in your Arbeat Account in exchange for Fiat
currency supported by Arbeat. Proceeds of such a sale will be credited and shown as Fiat
balance in your Arbeat Account. You may purchase Supported Virtual Assets by utilising Fiat
balance available in your Arbeat Account from the sale of Supported Virtual Assets for Fiat
currency supported on the Arbeat Site. You may also withdraw the proceeds of such a sale
in Fiat. Upon your instruction to withdraw Fiat, you authorize Arbeat to debit your Fiat balance
in accordance with your instruction and send instructions to credit a bank account registered
in your name on the Arbeat Site. We will send these instructions as soon as reasonably
possible.
Virtual Asset Transactions: You may sell Supported Virtual Assets available in your Arbeat
Account in exchange for another Supported Virtual Asset at the prevailing rate of exchange.
In such circumstances, you authorize Arbeat to debit your Arbeat Account of the relevant
Virtual Asset and credit your Arbeat Account with a balance of the selected Supported Virtual
Asset.
5.5. Transaction Fulfilment.
When you use our Lite Product to buy or sell Virtual Assets, we will (i) quote the Conversion
Rate for the Virtual Asset, and (ii) use commercially reasonable efforts to fulfil your Virtual
Assets buy or sell instructions at the Conversion Rate. Notwithstanding, in some
circumstances, such as in a period of rapid market movements, it may become commercially
unreasonable for us to execute a buy or sell transaction at the Conversion Rate. If this is the
case, we will notify you and seek your approval to re-attempt the transaction at the current
Conversion Rate (as defined below).
5.6 Conversion Rates.
The purchase or sale of Virtual Assets through our Lite Product is subject to a Conversion
Rate. Conversion Rate is defined as the liquidity adjusted price of a given Virtual Asset in the
applicable currency as quoted on the Arbeat Site. The Conversion Rate may be stated as a
“Buy Price”, the price (in terms of applicable currency) at which you purchase Virtual Assets
from Arbeat, or as a “Sell Price”, the price (in terms of applicable currency) at which you sell
Virtual Assets to Arbeat. The applicable Conversion Rate will be displayed to you on the
Arbeat Site prior to each transaction and is stated in every receipt we issue to you. We will
not process a transaction if the Conversion Rate and any other associated fees would,
together, exceed the value of your available Fiat balance or available Virtual Assets.
For the purpose of any transaction which incorporates the Conversion Rate, including
without limitation transactions in our Lite product, you agree, as a condition of using any
Arbeat Services, to accept the Conversion Rate as the sole conversion metric. You agree that
Arbeat is solely responsible for setting and determining the Conversion Rate, subject always
to our liquidity providers. For all conversions, the prevailing Conversion Rates will apply. You
understand and agree that Arbeat cannot guarantee a Conversion Rate quoted on the Arbeat
Site in connection with any particular transaction and shall be entitled to adjust our
Conversion Rates at any time during a transaction. We do not guarantee the availability of a
Conversion Rate. We do not guarantee that you will be able to buy and/or sell your Virtual
Assets at a particular price or time. Arbeat reserves the right to change, modify, limit or
remove any part or all of the Arbeat Services with or without prior notice to you.
5.7. Taxes.
It is your responsibility to determine whether, and to what extent, taxes apply to any
transactions you conduct through the Arbeat Site, and to withhold, collect, report and remit
the correct amount of taxes to the appropriate tax authorities. Your transaction history is
available through your Arbeat Account.
5.8. Authoriza-tions; Reversals; Cancellations.
By clicking the “Place Order” or “Buy/Sell" button on the Arbeat Site, you are authorizing
Arbeat to initiate the transaction at the quoted price and agree to any associated Conversion
Rates as applicable. You cannot cancel, reverse, or change any transaction marked as
complete or pending.
If your Arbeat Account has insufficient funds to cover the cost of the quoted price, or
Conversion Rates as applicable, together with any other related charges and fees, you
authorize us, in our sole discretion, either to cancel the transaction or to debit any of your
other stored payment methods to the value of the amount necessary to complete the
transaction. You are responsible for ensuring that you maintain adequate Fiat and/or Virtual
Asset balance in your Arbeat Account.
6. TRANSACTION LIMITS AND ENHANCED DUE DILIGENCE
6.1. Transaction Limits.
The use of any Arbeat Services is subject to your verified weekly or monthly limit in Fiat
value that you may deposit or withdraw in a given week or month as applicable. Transaction
limits are determined and notified to you upon your successful completion of the verification
process. The transaction limits are set at an amount that you have reasonably demonstrated
through sufficient documentary evidence that you have the financial capacity to trade and
such financial capacity has been derived from legitimate and explainable sources.
Transaction limits are defined in UAE Dirhams or any other applicable currency in the
approximate value. To view your limits, login to your Arbeat Account and visit the My Limits
page. Your transaction limits will depend at all times upon the Verification Tier that you have
successfully completed, provision of valid KYC information and documents, the risk rating
assigned to you on the Arbeat Site at our sole discretion, and any other factor Arbeat shall
deem necessary to consider. We reserve the right to change applicable transaction limits as
we may deem necessary and at our sole discretion. If you wish to increase your transaction
limits, you may apply for a higher limit.
6.2. Enhanced Due Diligence.
To successfully complete the Verification for higher transaction limits, we may undertake
Enhanced Due Diligence (EDD) checks on you, irrespective of the risk rating currently
assigned to you on the Arbeat Site and require you to provide additional information and/or
submit any other relevant KYC documents. Based on the outcome of any further checks
conducted on you, the outcome of which shall be determined solely at our discretion, we
may: (i) increase your transaction limits, (ii) refuse to increase your transaction limits, or (iii)
where reasonably necessary, reduce your transaction limits.
You acknowledge and agree that your transaction limits shall remain subject to regular
periodic reviews throughout the course of your relationship with us. You undertake to
provide us with relevant KYC documents and information as may be requested by Arbeat
from time to time to determine that the transaction limit assigned to you continues to remain
relevant to you and your circumstances.
7. ARBEAT’ DUTIES AND RESPONSIBILITIES
We shall reasonably ensure that the Arbeat Site and Arbeat Services are available to and
accessible by you at all relevant times in accordance with the rules applicable to Arbeat in
relation to the relevant services being provided.
We shall securely store your Virtual Assets in a combination of hot (online), warm (partially
online) and cold (offline) wallets. We will securely hold your Fiat balance in a licensed UAE
bank account, having the authorization to receive deposits.
We shall hold all virtual assets in your Arbeat Account for your exclusive benefit. We shall
have no legal and/or beneficial claim, entitlement, or interest to your Virtual Assets and/or
any other Fiat balance in your Arbeat Account other than any fees and charges duly owed to
us for the Arbeat Services provided to you. We shall not hypothecate, rehypothecate, pledge,
charge, lend, deal, sell, transfer, invest or use your Virtual Assets or any other Fiat balance
in your Arbeat Account without your express written consent.
We shall ensure adequate protection of your personal data processed by us in accordance
with applicable data protection or privacy laws in the jurisdictions where we operate.
We shall use commercially reasonable effort to process your requests and instructions
placed through the Arbeat Site without delay, including redeeming your Fiat balance,
delivering Virtual Assets to you as close as possible to the trade time, etc.
We shall provide a confirmation note in respect of your transactions executed through the
Arbeat Site no later than two (2) business days from the date of the transaction. We shall
send a monthly electronic statement of your Arbeat Account showing all transactions
executed through the Arbeat Site to your registered email address.
We shall at all times act honestly, fairly, and in your best interests and for the integrity of the
market.
7.1 SUSPENSION, TERMINATION AND CANCELLATION
We may:
a) reject, block, cancel or reverse a transaction you have authorized,
b) suspend, restrict, or terminate your access to any or all of the Arbeat Services and/or
Arbeat Site; and/or
c) deactivate or cancel your Arbeat Account with immediate effect,
for any reason, including but not limited to where:
1. we are, in our reasonable opinion, required to do so by applicable law, rule or
regulation or any applicable court or other enforcement or regulatory authority to
which we are subject in any jurisdiction;
2. we reasonably suspect that you of acting in breach of this Agreement;
3. we reasonably suspect that you have breached any of our policies;
4. we have concerns that a transaction is erroneous, or concerns about the security of
your Arbeat Account or we suspect that the Arbeat Services are being used by you in
a fraudulent or unauthorized manner;
5. we suspect money laundering, terrorist financing, fraud, or any other financial crime;
6. you do not have sufficient funds (fiat and/or Virtual Assets) in your Arbeat Account
to cover your transaction and where applicable, associated fees and charges at any
point in the transaction, including when the transaction has been completed;
7. your Fiat balance cannot be redeemed;
8. the use of your Arbeat Account is subject to any pending litigation, investigation, or
government proceeding and/or we perceive a heightened risk of legal or regulatory
non-compliance associated with activities in your Arbeat Account; and/or
9. you take any action that may circumvent our controls including without limitation,
opening multiple Arbeat Accounts or abusing promotions which we may offer from
time to time.
In certain events, we may temporarily suspend access to your Arbeat Account. Event that
may cause Arbeat to suspend access to your Arbeat Account include without limitation:
1. where the Arbeat Site encounters a technical glitch which causes a system outage or
any error to your Arbeat Account;
2. a security risk event to the Arbeat Site;
3. you notify us of an unauthorized access to your Arbeat Account or the loss of your
access credentials; or
4. we have reasons to suspect that your Arbeat Account has been compromised or
accessed by a third party.
Any temporary suspension placed on your Arbeat Account will remain until Arbeat has
satisfied itself that the cause leading to the temporary suspension has been satisfactorily
resolved. You agree that Arbeat shall not be liable for any losses that you may incur or be
responsible for compensating you for any losses suffered by reason of the temporary
suspension placed on your Arbeat Account.
If we refuse to complete a transaction and/or suspend or close your Arbeat Account or
terminate your use of the Arbeat Services, we will (unless it would be unlawful or against any
internal policy to do so) provide you with notice of our action(s) and the reason(s) for our
refusal to complete a transaction, and/or the suspension or closure of your Arbeat Account
or the termination of your use of the Arbeat Services; and where appropriate, provide you
with the procedure for correcting any factual errors that led to the refusal, suspension,
closure or termination.
In the event that we refuse to complete a transaction and/or suspend your Arbeat Account,
or terminate your use of the Arbeat Services, we will lift the suspension as soon as
reasonably practicable once the reasons for the refusal and/or suspension or termination no
longer exist. However, we are under no obligation to allow you to reinstate any transaction
at the same price or on the same terms as a suspended, reversed or cancelled transaction.
We may terminate your access to any or all of the Arbeat Services and/or deactivate or
cancel your Arbeat Account, without reason by giving you prior notice of up to two months.
You acknowledge that our decision to take certain actions, including limiting access to,
suspending, or closing your Arbeat Account, may be based on confidential reasons or
internal policies that are essential to our risk management and security protocols. You agree
that we are under no obligation to disclose the details of our internal policies, risk
management and security procedures to you. You understand and agree that the termination
of your access to all of the Arbeat Services and/or deactivation or cancellation of your Arbeat
Account may result in the termination of this Agreement.
In the event that this Agreement is being terminated for any reason, unless prohibited by
applicable law, rule, regulation or by any applicable court order or other relevant enforcement
or regulatory authority’s order to which Arbeat is subject in any jurisdiction, you shall, during
the period of the notice but in all events, before the end of the notice period:
transfer your Virtual Assets from the Arbeat Site to an external wallet;
convert your Virtual Assets to Fiat at the prevailing Conversion Rate and transfer the
Fiat balance to a bank account registered in your name on the Arbeat Site;
convert your Fiat balance to Virtual Assets and transfer them from the Arbeat Site to
an external wallet; and/or
transfer your Fiat balance in your Arbeat Account to a bank account registered in your
name on the Arbeat Site.
You undertake to close all open and pending transactions in your Arbeat Account within
sufficient time to allow the complete transfer and/or withdrawal of your Virtual Assets,
and/or Fiat balance within the applicable period of notice.
If we suspend or close your Arbeat Account or terminate your use of the Arbeat Services for
any reason, or terminate this Agreement, we reserve the right to require you to complete the
procedures outlined in Section 2.3 (Identity Verification) before permitting you to transfer or
withdraw Virtual Assets or any Fiat balance.
You may close your Arbeat Account and terminate this Agreement at any time by transferring
or exchanging all Virtual Assets held in your Arbeat Account at the prevailing Conversion
Rates and/or withdrawing any Fiat balance. Closing your Arbeat Account and terminating
this Agreement shall be free of cost; provided always that you shall remain liable for the
payment of all outstanding fees and/or charges owed to Arbeat for the use of the Arbeat
Services prior to and during the closing of your Arbeat Account or the termination of this
Agreement. You undertake to not close your Arbeat Account with the aim to evade an
investigation or avoid the payment of any amounts due to us. Upon closing of your Arbeat
Account, you authorize us to cancel any open or pending transactions and hold any
associated funds until we are certain that funding reversal windows are complete.
8. LIABILITY
8.1. Release of Arbeat.
If you have a dispute with one or more users of the Arbeat Services, you agree that neither
us nor our affiliates or service providers, nor any of our respective officers, directors, agents,
joint ventures, employees, and representatives will be liable for any claims, demands and
damages (actual and consequential) of any kind or nature arising out of or in any way
connected with such disputes.
8.2. Indemnifi-cation.
You agree to indemnify us, our affiliates and service providers, and each of our or their
respective officers, directors, agents, employees and representatives, in respect of any
liabilities, losses, costs, third -party legal proceedings, and/or actions by government
authorities (including any regulatory authority) arising out of or relating to your unlawful use
of the Arbeat Account, Arbeat Service, and/or Arbeat Site, or breach of this Agreement, any
specific additional terms, and/or policies referenced herein, or violation of any law, rules or
regulation, or the rights of any third party. This indemnity covers any liability or expenses
arising from claims, losses, damages, judgments, fines, litigation costs and legal fees.
8.3. Limitations of Liability.
Quick Funding You understand that quick funding is a service provided through a third
party provider payment initiator. Where you have chosen to use the quick funding payment
option to deposit Fiat into your Arbeat Account, you authorise us to exchange relevant data
such as your deposit reference ID and the amount you wish to deposit with an Application
Programming Interface (“API”) provided by the third party provider payment initiator, who
will connect and push the relevant exchange data through the API directly to your bank
account for the purpose of initiating payments to deposit Fiat into your Arbeat Account. We
confirm that Arbeat shall, at no time, have access to your bank account or bank account
details including without limitation, your bank account balance. We further confirm that
Arbeat has no relationship with your bank and the connection is provided through a third
party provider licensed and regulated by a relevant UAE financial services regulator. We do
not make any representation of any kind, express or implied as to the operation of the third
party provider and shall not be liable for any acts or omissions of and/or any inaccurate
information provided by the third party provider. You expressly agree that your use of the
quick funding payment option is entirely at your own risk and responsibility. You may
disconnect the link between the Arbeat Site and the API connecting to your bank account at
any time without notice. You agree that by using the quick funding payment option, you grant
us the right to transmit, store and use the information as may be necessary to provide the
Arbeat Services to you in accordance with this Agreement and our Privacy Policy. For the
avoidance of any doubt, Arbeat shall at no time access, transmit, store and/or use your bank
account detail or information. We reserve the right to reconcile the value of each Fiat deposit
transaction initiated through the quick funding option against the value of the Fiat balance
available in and redeemable through your Arbeat Account prior to providing the Arbeat
Services to you. Arbeat shall not be liable for not providing the Arbeat Services to you in
respect of any quick funding payment that is not properly completed.
In the event of any liability to you, we shall be liable to you for loss or damage caused directly
and reasonably foreseeable by our breach of this Agreement only and our liability in these
circumstances shall be limited as set out in Section 8.3.A below. (For the avoidance of doubt,
the term “loss” includes a partial loss or reduction in value as well as a complete or total
loss.)
8.3.A. Liability Cap.
Except as otherwise provided in this Agreement, we, our affiliates, service providers, or any
of our or their respective officers, directors, agents, employees or representatives, shall not
be liable for any damages, whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, (including, without limitation, damages to devices or device’s
software, or any damages sustained to your computer equipment, damages for loss of
income or earning that you may suffer arising out of or relating to the use, inability to use or
non-use of the Arbeat Services) (“Loss”) suffered or incurred by you or any Loss due to
actions taken by us according to our rights under this Agreement, unless and to the extent
that such Loss, as determined by a court of competent jurisdiction in a judgement that has
become final in that it is no longer subject to appeal or other review, was suffered or incurred
exclusively as a result of (i) our gross negligence, willful default or fraud; or (ii) breach of our
obligations under this Agreement). PROVIDED THAT Arbeat shall not be liable for any Loss
incurred by you with respect to any transaction in relation to Virtual Assets, any delays in the
receipt or processing of your instructions or where Arbeat cannot perform any of its
obligations by reason of any cause beyond its reasonable control (including, without
limitation to the generality of the aforesaid, any force majeure as set out in Section 13.2 of
this Agreement (Force Majeure), or any other event beyond our reasonable control except if
occurring through Arbeat’ gross negligence, fraud, willful default or the breach of this
Agreement.
In no event shall Arbeat’ liability to you in respect of any Loss under this Section exceed the
volume of Virtual Assets and/or the value of Fiat balance in your Arbeat Account at the time
of the event leading to the Loss.
8.3.B. Limitation of Loss.
In no event shall we, our affiliates or service providers, or any of our or their respective
officers, directors, agents, employees or representatives, be liable for any of the following
types of loss or damage arising under or in connection with this Agreement or otherwise:
(i) any loss of profits or loss of expected revenue or gains, including any loss of anticipated
trading profits and/or any2 actual or hypothetical trading losses, even if we are advised of
or knew or should have known of the possibility of the same. This means, by way of example
only (and without limiting the scope of the preceding sentence), that if you claim that we
failed to process a buy or sell transaction properly, our liability to you, if we are determined
to be liable by a court of competent jurisdiction in a judgement that has become final in that
it is no longer subject to appeal or other review, shall be limited as defined under Section
8.3.A above. You shall not be entitled to recover for any ”loss“ of anticipated trading profits
or for any actual trading losses made as a result of the failure;
(ii) any loss of or damage to reputation or goodwill; any loss of business or opportunity,
customers, or contracts; any loss or waste of overheads, management, or other staff time;
or any other loss of revenue or actual or anticipated savings, even if we are advised of or
knew or should have known of the possibility of the same;
(iii) any loss of use of hardware, software or data and/or any corruption of data; including
but not limited to any losses or damages arising out of or relating to any inaccuracy, defect
or omission of Virtual Asset price data; any error or delay in the transmission of such data;
and/or any interruption in any such data;
(iv) any loss or damage whatsoever which does not stem directly from our breach of this
Agreement; and/or
(v) any loss or damage whatsoever which is in excess of that which was caused as a direct
result of our breach of this Agreement (whether or not you are able to prove such loss or
damage).
Notwithstanding anything in this Agreement to the contrary, nothing herein will limit or
exclude our liability where (i) it cannot be limited by law or (ii) the liability from personal
injury or death arising from our gross negligence, willful and deliberate misconduct, fraud or
fraudulent misrepresentation.
8.4. No Warranties.
The Arbeat Site is provided on an “as is”, “with all faults” and “as available” basis. We, our
officers, directors, shareholders, employees, representatives, and agents expressly disclaim
all warranties of any kind, expressed, implied or statutory, relating to the Arbeat Site and its
content including without limitation the warranties of title, merchantability, fitness for a
particular purpose, non-infringement of proprietary rights, course of dealing or course of
performance. We do not warrant that (a) the Arbeat Site will meet your specific requirements;
(b) the Arbeat Site will be uninterrupted, timely, secure or error-free; (c) the transactions
undertaken on the Arbeat Site will be accurate, error-free, reliable or complete; (d) any errors
on the Arbeat Site will be corrected; or (e) any services through the Arbeat Site will meet
your expectations or requirements.
We do not warrant and are not responsible for any injuries or losses sustained by you as a
result of your use of the Arbeat Site. We do not warrant that your use of the Arbeat Site is
lawful in any particular jurisdiction, and we specifically disclaim any such warranties. Some
jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above
disclaimer may not apply to you to the extent that such jurisdiction’s law is applicable to you
and this Agreement. By accessing or using the Arbeat Site, you represent and warrant that
your activities are lawful in every jurisdiction where you access or use the Arbeat Site.
In no event shall we be liable for any damages whatsoever, whether direct, indirect, general,
special, exemplary, compensatory, consequential, and/or incidental, arising out of, or
relating to your and/or any other person’s conduct in connection with the use of the Arbeat
Site, including without limitation, loss, impairment, bodily injury, death, emotional distress,
damage to your possessions and/or any other damages resulting from any transactions
initiated on the Arbeat Site, unauthorized access to or alteration of your transmissions to the
Arbeat Site and errors, mistakes or inaccuracies of any content on the Site. You agree to
take reasonable precautions when executing transactions on the Arbeat Site.
Notwithstanding any provision in this Agreement, if your jurisdiction has provisions specific
to waiver or liability that conflict with the above, our liability is then limited to the smallest
extent possible by law. Specifically, in those jurisdictions, we do not disclaim liability for a)
death or personal injury caused by negligence of that of any of our officers, employees or
agents, b) fraudulent misrepresentation, or c) any liability which is not lawful to exclude
either now or in the future. If you are a resident of a jurisdiction that requires a specific
statement regarding release, you would waive any similar provisions in law, regulation or
code that has the same intent or effect. We are not responsible for the actions, content,
information or data of third parties, and you agree to release us, our directors, officers,
employees, representatives, and/or agents from any claims and damages, known and
unknown, arising out of or in any way connected with any claim you have against such third
parties. Your ability to use the Arbeat Site is contingent on your agreement with this and all
other sections of this Agreement. Where allowed, you agree that our total liability to you is
not more than USD 100 or the total amount you paid to use our service within the last year,
whichever is lower.
We make no representations about the accuracy or completeness of historical Virtual Asset
price data that may be available on the Arbeat Site from time to time.
8.5. Safety and Security of Your Computer and Devices.
Arbeat is not liable for any damage or interruptions caused by any computer viruses,
spyware, scareware, Trojan horses, worms or other malware that may affect your computer
or other equipment, or any phishing, spoofing or other attacks. We advise the regular use of
reliable virus screening and prevention software. You should also be aware that SMS and
email services are vulnerable to spoofing and phishing attacks and you must use due care
in reviewing messages purporting to originate from us. We will never ask you to share or
otherwise seek to access your computer or Arbeat Account. Similarly, we will never ask you
to share your security credentials such as password, two factor authentication (2FA) codes,
OTP codes, or bank card Personal Identification Number (“PIN”) or Card Verification Value
(“CVV”) with us. Always log into your Arbeat Account through the Arbeat Site to undertake
or review any transactions or conduct any actions or activity. We will never ask you to carry
out any activity on your Arbeat Account through any platform other than the Arbeat Site. If
you have any uncertainty regarding the authenticity of any communication or notice, please
refrain from acting on the communication or notice and immediately contact the Arbeat
Customer Support team for assistance.
8.6. No Liability for Breach.
We are not liable for any breach of the Agreement where the breach is due to abnormal and
unforeseeable circumstances beyond our control, the consequences of which would have
been unavoidable despite all efforts to the contrary, nor are we liable where the breach is
due to the application of mandatory legal rules.
9. CONFIDENTIALITY
Each of Arbeat and you hereby agree to not disclose and to otherwise keep confidential any
valuable business and financial information and other confidential and proprietary
information, including any such confidential and proprietary information relating to the
Arbeat Account, Arbeat Site, and/or Arbeat Services. The obligation under this section to
maintain confidentiality shall not extend to information that are publicly available; rightfully
possessed by you before it was disclosed; or developed independently by you without the
use of, access to or referencing any Arbeat confidential information.
10. CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND COMPLAINT RESOLUTION
10.1. Contact Arbeat.
If you have any feedback or questions, contact us via email at support@arbeat.io. When you
contact us, please provide us with your name, registered email address and phone number,
and any other information that we may need to verify your identity.
10.2. Complaints.
In the event that you have a complaint against us, the Arbeat Site and/or the Arbeat Services,
you must submit a formal written complaint at support@arbeat.io. You must state the cause
of your complaint as clearly as possible and provide all the information you believe to be
relevant for the resolution of your complaint.
We reserve the right to seek additional information and clarification including request you to
provide documentary evidence in respect of your complaint.
You acknowledge that you have read and understood our Complaints Handling Procedure
(as amended and supplemented from time to time) available on our website at the time of
submitting your compliant.
10.3. Offers.
Any offer for the resolution of your complaint made to you will only become binding on us if
accepted by you. An offer of resolution will not constitute any admission by us of any
wrongdoing or liability regarding the subject matter of the complaint.
11. DATA PROTECTION
Personal Data. You acknowledge that we may process personal data and in some cases,
where permitted by applicable law, special category of personal data (collectively personal
data) in relation to you or associated persons such as ultimate beneficial owners, directors,
associates, and/or employees, in connection with this Agreement, or the Arbeat Services.
Accordingly, you represent and warrant that:
your disclosure to us of any personal data is being, has been or will be made in
accordance with all applicable data protection and data privacy laws with respect to
obtaining mandatory consent of all relevant data subjects, and that all personal data
are accurate, up to date and relevant when disclosed;
before providing any such personal data to us, you have read and understood our
Privacy Policy (as amended or supplemented from time to time) forming part of this
Agreement, a copy of which is available on the Arbeat website, and in the case of
personal data relating to data subject(s) other than yourself, you have (or will at the
time of disclosure have) provided a copy of the privacy policy to the data subject(s);
and
you will promptly read any updated, amended or supplemented privacy policy and
provide a copy to any data subject(s) whose personal data you have provided to us.
12. ACCEPTABLE AND PROHIBITED USE
12.1. Limited License. We grant you a limited, personal. non-exclusive, revocable, non-
transferable and non-sublicensable license, subject to the terms of this Agreement, to
access and use the Arbeat Services, Arbeat Site, and related content, materials, information
(collectively, the “Content”) solely for approved purposes as permitted by us from time to
time. Any other use of the Content is expressly prohibited. All rights, titles, and interests in
the Content is exclusively the sole property of Arbeat and/or its third party licensors as
applicable. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify,
publish, or participate in the transfer or sale of, create derivative works from, or in any other
way exploit any of the Content, in whole or in part. The website domain at “arbeat.io”, trade
name “Arbeat” and all logos related to the Arbeat Services and/or displayed on the Arbeat
Site are trademarks or registered marks of Arbeat or its licensors as applicable. You may not
copy, imitate or use them without our prior written consent.
12.2. Website Accuracy. Although we intend to provide accurate and timely information on
the Arbeat Site, the Arbeat Site (including, without limitation, the Content) may not always
be entirely accurate, complete or up-to-date and may also include technical inaccuracies or
typographical errors. In an effort to continue to provide you with as complete and accurate
information as possible, information, including without limitation information regarding our
policies, products and services, may, to the extent permitted by applicable law, be changed
or updated from time to time without notice. Accordingly, you must verify all information
before relying on it. All decisions based on information contained on the Arbeat Site are your
sole responsibility and we shall have no liability for such decisions. Links to third-party
materials (including without limitation websites) may be provided as a convenience but are
not controlled by us. You acknowledge and agree that we have no control over materials,
links, information, content or service belonging to any third party and are not responsible for
any aspect of the links, information, content, or services contained in any third-party
materials or on any third party sites accessible through or linked to the Arbeat Site.
12.3. Credentials security. In order to access Arbeat Services, you are required to provide an
email address and create a password. Arbeat offers a time-based One Time Password
(“OTP”) via a Short Message Service (“SMS”) delivered to your mobile number registered
with Arbeat. You are responsible for keeping your mobile and/or electronic devices through
which you access the Arbeat Services safe and for maintaining adequate security and control
of any and all security credentials that you use to access the Arbeat Services. This includes
taking all reasonable steps to avoid the loss, theft or misuse of your mobile and/or electronic
devices and ensuring that said mobile and/or electronic devices are password protected.
You understand that any loss or compromise to your personal mobile and/or electronic
devices or security credentials may result in the unauthorized use and access of your Arbeat
Account by third parties; the loss or theft of your Fiat balance, Virtual Assets and/or funds
held in your Arbeat Account; and/or the misuse of any associated accounts, including bank
account(s) details. You must keep security credentials safe at all times. Passwords and OTP
authentication codes must be safeguarded and not shared or made visible to others. Arbeat
strongly recommends the use of password and two factor protected password managers to
safeguard login credentials and Personal Identification Numbers PINs, and/or biometric
authentication features to safeguard two factor generating mobile devices.
12.4. Security Breach. If you suspect that your Arbeat Account or any of your credentials or
security details have been compromised, or if you become aware of any fraud or attempted
fraud or any other security incident including a cyber-security attack affecting you and/or
the Arbeat Site (together a “Security Breach”), you must promptly notify Arbeat by email to
support@arbeat.io, and continue to provide accurate and up to date information throughout
the duration of the Security Breach. You must take any steps that we reasonably require to
eliminate, manage or report any Security Breach. Failure to provide prompt notification of
any Security Breach may be taken into account in our determination of the appropriate
resolution of the matter.
12.5. Contact Information. You are responsible for keeping your email address and/or
telephone number up to date in your Arbeat Account profile in order to receive any notices
or alerts that we may send you (including notices or alerts of actual or suspected Security
Breach). Arbeat may require you to undergo an identity verification process before a change
to your email address and/or phone number will be applied on the Arbeat Site.
12.6. Export Controls and Sanctions. Your use of the Arbeat Services and the Arbeat Site is
subject to international export controls and economic sanctions requirements. By depositing
Fiat, or by sending, receiving, buying, selling, swapping or storing Virtual Assets through the
Arbeat Site or Arbeat Services, you agree that you will comply with those requirements. You
are not permitted to use any of the Arbeat Services through the Arbeat Site if: (1) you are in,
under the control of, or a national or resident of Cuba, North Korea, Iran, or any other country
subject to international sanctions (a “Sanctioned Country”); (2) you intend to supply any
acquired or stored Virtual Assets or Arbeat Services to a Sanctioned Country (or a national
or resident of a Sanctioned Country) or (3) you are resident in any country where the use,
buying, selling, receiving, sending or trading in Virtual Assets is prohibited by the laws and
regulations that apply to you. The Arbeat Services are not provided to and shall not be used
by any national, or resident of a Sanctioned Country including without limitation, countries
sanctioned by the UAE, United Nations (UN), Financial Action Task Force (FATF) Office of
Foreign Asset Control (OFAC) and/or any other applicable sanction lists in accordance with
the law of the UAE. In the event that we learn that you are making use of the Arbeat Services
and/or the Arbeat Site in disregard of the prohibition stated in accordance with this section,
we shall immediately and without notice to you, restrict your access to your Arbeat Account
and the Arbeat Site, close your Arbeat Account, and terminate this Agreement with you. Any
action taken by us shall not affect any obligation to make appropriate reports to relevant
legal enforcement and regulatory authorities in accordance with applicable laws and
regulations. Arbeat shall not be responsible for or have no obligation to transfer your Virtual
Assets and/or Fiat balance in your Arbeat Account to you. You understand and agree to our
right to immediately restrict your access, close your Arbeat Account and terminate your use
of the Arbeat Service and this Agreement.
13. MISCELLANEOUS
13.1. Amendments. Arbeat may amend this Agreement, its appendices, addendum, and
policies referred to herein including the Privacy Policy from time to time. Arbeat shall
provide thirty (30) calendar days’ prior notice to you in respect of any amendments to this
Agreement. Should you not accept any amendments to the Agreement, you must stop your
use of the Arbeat Site and/or Arbeat Services immediately or before the date that the
amendments shall come into effect as applicable. Your continued use of the Arbeat Site
and/or Arbeat Service following any amendment to the Agreement coming into effect shall
constitute your acceptance of the amendments and you will be legally bound by the
applicable Agreement.
13.2. Force Majeure. Neither you nor Arbeat will be liable for any act or omission that is
caused by a Force Majeure event. Arbeat will not be liable for any breach of this Agreement
including any delay or failure to perform or interruptions in performing any of our obligations
under this Agreement where they arise factors or circumstances which arise directly or
indirectly from Force Majeure event or anything beyond our reasonable control, which are
not the result of fraud, gross negligence, or willful default. Other than the payment of Fees
due to Arbeat, you will not be liable for any delay or failure to perform any of your obligations
under this Agreement caused by Force Majeure or anything beyond your reasonable control,
which are not the result of fraud, gross negligence, or willful default.
13.3. Severability. Wherever possible, each term of this Agreement shall be interpreted in
such manner as to be effective and valid under applicable law. However, if, for any reason,
any term of this Agreement is declared to be illegal, invalid or otherwise unenforceable by a
court of a competent jurisdiction, then to the extent that the affected term is illegal, invalid
or unenforceable, it shall be severed and deleted from the Agreement and the remainder of
the Agreement shall survive, remain in full force and effect, and continue to be binding and
enforceable.
13.4. Delays and Waivers. No failure or delay by us in exercising any right, power or privilege
under the Agreement shall operate as a waiver of such right or acceptance of any variation
of the Agreement. Any single or partial exercise by us of any right, power or privilege shall
not preclude any further exercise of that right or the exercise of any other right, power or
privilege.
13.5. Third-Party Rights. Nothing in this Agreement shall confer or be purported to confer
on any other third party any benefit or the right to enforce any term of the Agreement.
13.6. Relationship of the Parties. This Agreement is binding upon and shall inure to your and
our benefits, and our respective successors, executors, administrators, and permitted
assigns. You shall not assign or delegate your rights and obligations under this Agreement
without our prior written consent, which may be withheld at Arbeat’ sole discretion. No third
party shall have any rights hereunder.
13.7. Privacy of Others; Marketing. If you receive information about another user through
the Arbeat Services, you must keep the information confidential and only use it in connection
with the Arbeat Services. You may not disclose or distribute a user’s information to a third
party or use the information except as reasonably necessary to effect a transaction and other
functions reasonably incidental thereto such as support, reconciliation and accounting
unless you receive the user’s express consent to do so. You may not send unsolicited email
to a user through the Arbeat Services.
13.8. Unclaimed Property. Where there is no activity within your Arbeat Account including
without limitation, where you have not signed into your Arbeat Account or there is no record
of your use of the Arbeat Services, for a period of at least six (6) years and you hold Fiat
balance and/or Virtual Assets in your Arbeat Account, we will make reasonably efforts to
contact you through your email address and/or phone number registered on the Arbeat Site
to remind you of any Fiat balance and/or Virtual Assets that you hold in your Arbeat Account.
If we are unable to reach you through your registered email address and/or phone number,
we shall provide details of your Fiat balance and/or Virtual Assets in your Arbeat Account as
“unclaimed funds” to the relevant regulatory authority and shall thereafter take any action in
respect of your Fiat balance and/or Virtual Assets in your Arbeat Account in accordance with
the directives received from the relevant regulatory authority. You agree that Arbeat shall
have no liability to you in respect of any actions we take in accordance with this section. We
reserve the right to deduct a dormancy fee or other administrative charges from such
unclaimed funds, as permitted by applicable law or regulation.
13.9. Governing Law. Except as otherwise stated in this Agreement, this Agreement shall be
construed in accordance with the laws of the Emirate of Dubai. Any dispute arising out of or
in connection with this contract, including any question regarding its existence, validity,
interpretation, or termination, shall be referred to and finally resolved by arbitration under
the Arbitration Rules of the Dubai International Arbitration Centre (“DIAC”), which Rules are
deemed to be incorporated by reference into this section. The number of arbitrators shall be
three. The seat of arbitration shall be Dubai, UAE. The language to be used in the arbitration
shall be English.
13.10. Entire Agreement. This Agreement (including documents incorporated by reference
herein) comprise the entire agreement between you and Arbeat.
13.11. Interpre-tation. Section headings in this Agreement are for convenience only and
shall not govern the meaning or interpretation of any provision of this Agreement.
13.12. Transfer. This Agreement is personal to you. You shall not transfer or assign your
rights, benefits, interests, liabilities, and/or obligations under this Agreement to anyone else.
We may transfer or assign our rights, benefits, licenses, interests, liabilities and/or our
obligations herein at any time, including as part of a merger, acquisition or other corporate
reorganization involving Arbeat.
13.13. Security Interests. You must not create security over your Fiat balance, or Virtual
Assets in your Arbeat Account unless we provide you with our prior written consent to do so.
13.14. Language. This Agreement and any information or notifications that we provide in
accordance with this Agreement shall be provided to you in Arabic and English languages.
Any translation of this Agreement or other documents to any other language may be
provided for your convenience only but shall not form the basis of determining the prevailing
language. In the event of any inconsistency between the Arabic and English language
versions of this Agreement or other documents and where the Agreement or other document
are to be used in a legal proceeding, the English language shall prevail.
13.15. Survival. All provisions of this Agreement which by their nature extend beyond the
expiration or termination of this Agreement, including, without limitation, the sections
relating to suspension or termination, Arbeat Account cancellation, debts owed to Arbeat,
general use of the Arbeat Site, disputes with Arbeat, and general provisions, will continue to
be binding and operate after the termination or expiration of this Agreement.
APPENDICES
APPENDIX 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE
PROHIBITED USES
You may not use your Arbeat Account to engage in the following categories of activity
(“Prohibited Uses”). The specific types of use listed below are representative, but not
exhaustive. If you are uncertain as to whether or not your use of the Arbeat Services involves
a Prohibited Use, or have questions about how these requirements apply to you, please
contact us by support@arbeat.io.
By opening an Arbeat Account, you confirm that you will not use your Arbeat Account to do
any of the following:
Unlawful Activity: Activity which would violate, or assist in the violation of, any law,
statute, ordinance, rule, or regulation, sanctions programs administered in the
countries where Arbeat conducts business, including but not limited to the United
Nations Security Council (“UNSC”) and the UAE Local sanctions lists; which would
involve proceeds of any unlawful activity; the conduct of unlawful activities; the
transfers of acquired or stored Virtual Assets to/from persons, wallets, or exchanges
or other services based in Cuba, North Korea, Iran, Syria or any other country subject
to international sanctions; and/or publish, distribute or disseminate any unlawful
material or information, etc.
Abusive Activity: Actions which: impose an unreasonable or disproportionately large
load on our infrastructure, or detrimentally interfere with, intercept, or expropriate
any system, data, or information; transmit or upload any material to the Arbeat Site
that contains viruses, trojan horses, worms, or any other harmful or deleterious
programs; attempt to gain unauthorized access to the Arbeat Site, other accounts on
the Arbeat Site, computer systems or networks connected to the Arbeat Site, through
password mining or any other means; use Arbeat Account information of another
Arbeat client to access or use the Arbeat Site,; or transfer your Arbeat Account
access or credentials to a third party, unless by operation of law or with the express
written permission of Arbeat.
Abuse Other Arbeat Clients: Interfere with another Arbeat client’s access to the
Arbeat Site and/or use of any Arbeat Services; defame, abuse, extort, harass, stalk,
threaten or otherwise violate or infringe the legal rights (such as, but not limited to,
rights of privacy, publicity and intellectual property) of others; incite, threaten,
facilitate, promote, or encourage hate, racial intolerance, or violent acts against
others; harvest or otherwise collect information from the Arbeat Site about others,
including without limitation email addresses, without proper consent.
Fraud: Activity which operates to defraud Arbeat, Arbeat clients, or any other person;
provide any false, inaccurate, or misleading information to Arbeat.
Gambling: unauthorized lotteries; sport betting, casino games, bidding fee auctions;
sports forecasting or odds making; fantasy sports leagues with cash prizes; internet
gaming; contests; sweepstakes; games of chance, or other activities that facilitate
any of the foregoing;
Intellectual Property Infringement: Engage in transactions or activities that infringe
or violate any intellectual property right, copyright, trademark, right of publicity or
privacy or any other proprietary right under the law, including but not limited to sales,
distribution, or access to counterfeit music, movies, software, or other licensed
materials without the appropriate authorization from the rights holder; use of Arbeat’
intellectual property, name, or logo, including use of Arbeat trade or service marks,
without express written consent from Arbeat or in a manner that otherwise harms
Arbeat or the Arbeat brand; any action that implies an untrue endorsement by or
affiliation with Arbeat.
By opening an Arbeat Account, you undertake to not use the Arbeat Account, Arbeat Site
and/or Arbeat Services in connection with any Prohibited Uses.
PROHIBITED BUSINESSES
In addition to the Prohibited Uses described above, the following categories of businesses
and business practices are prohibited from accessing and/or using the Arbeat Services
(“Prohibited Businesses”). The specific types of use listed below are representative, but not
exhaustive. If you are uncertain as to whether or not your use of the Arbeat Services involves
a Prohibited Business, or have questions about how these requirements apply to you, please
contact us by support@arbeat.io.
Restricted Financial Services: Check cashing, bail bonds; collections agencies.
Intellectual Property or Proprietary Rights Infringement: Sales, distribution, or access
to counterfeit music, movies, software, or other licensed materials without the
appropriate authorization from the rights holder.
Counterfeit or Unauthorized Goods: Sale or resale of counterfeit or unauthorized
branded or designer products or services; sale of goods or services that are illegally
imported or exported or which are stolen.
Regulated Products and Services: Marijuana dispensaries and related businesses;
sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical
services; age restricted goods or services; weapons and munitions; gunpowder and
other explosives; fireworks and related goods; toxic, flammable, and radioactive
materials.
Drugs and Drug Paraphernalia: Sale of narcotics, controlled substances, and any
equipment designed for making or using drugs, such as bongs, vaporizers, and
hookahs.
Pseudo-Pharmaceuticals: Pharmaceuticals and other products that make health
claims that have not been approved or verified by the applicable local and/or national
regulatory body.
Substances designed to mimic illegal drugs: Sale of a legal substance that provides
the same effect as an illegal drug (e.g., salvia, kratom, etc.).
Adult Content and Services: Pornography and other obscene materials (including
literature, imagery and other media); sites offering any sexually related services such
as prostitution, escorts, pay-per view, adult live chat features, etc.
Multi-level Marketing: Pyramid schemes, network marketing, and referral marketing
programs.
Unfair, predatory or deceptive practices: Investment opportunities or other services
that promise high rewards; sale or resale of a service without added benefit to the
buyer; resale of government offerings without authorization or added value; sites that
we determine in our sole discretion to be unfair, deceptive, or predatory towards
consumers.
High risk businesses: any businesses that we believe pose elevated financial risk,
legal liability, or violate card network or bank policies.
By opening an Arbeat Account, you undertake to not use the Arbeat Account, Arbeat Site
and/or Arbeat Services in connection with any Prohibited Business.
RESTRICTED ACTIVITIES
Using the Arbeat Account, Arbeat Site and/or Arbeat Services to conduct any one or more of
the following is restricted. Arbeat reserves the right to monitor your use of the Arbeat
Account, Arbeat Site and/or Arbeat Services for the Restricted Activities. The specific types
of activities listed below are representative, but not exhaustive.
activities involving or relating to the use, buying, selling, or trading in weapons of any
kind, including but not limited to firearms, ammunition, knives, or related
accessories;
activities involving controlled substances including but not limited to narcotics,
prescription drugs, steroids, or related paraphernalia or accessories;
activities that involve any sort of Ponzi scheme, pyramid scheme, or multi-level
marketing program;
activities that involve debt settlement, refinance, or credit repair services;
court ordered payments, structured settlements, tax payments, or tax settlements;
the sale of money orders or cashier’s checks or any unlicensed money transmitter
activity;
lottery contracts, layaway systems, or annuities; counterfeit goods;
Cryptocurrency tumbling (or ‘mixer’) services or websites;
P2P Exchange platforms such as localbitcoins.com; or Online wallets offering
enhanced privacy through connectivity to anonymous networks such as The Onion
Network (TOR). Examples of such wallets include Wasabi Wallet, Samourai, Rahakott,
etc.
any other matters which we communicate to you that are unacceptable from time to
time and which, for example, may be restricted by our and your payment partners.
Arbeat shall reserve the right to immediately terminate your access to the Arbeat Services,
Arbeat Site and/or your Arbeat Account in the event that you use the Arbeat Service, Arbeat
Site and/or Arbeat Account for any one or more of the activities set out under this Appendix
1 and/or any other activities which Arbeat shall reasonably deem in its sole discretion as
constituting a Prohibited Uses, Prohibited Businesses, and/or Restricted Activities. You
understand that the termination of your accesses stated herein shall not preclude Arbeat’
right or obligation to take further actions as required by applicable laws and regulations.
APPENDIX 2: VERIFICATION PROCEDURES AND LIMITS
Arbeat uses a three tiered system and procedures to collect and verify information about
you and define the transactional limit that would apply to your Arbeat Account. Your access
to one or more Arbeat Services, and your Transaction limits including weekly or monthly Fiat
deposits and withdrawals shall be subject at all times to the level of due diligence completed
by you in accordance with Section 2.3 of the Agreement.
Arbeat may require you to provide additional information, or to wait for a period of time after
completion of a transaction, before permitting you to use any Arbeat Services and/or before
permitting you to engage in transactions beyond certain volume limits.
If you wish to increase your Transaction limits beyond the posted amounts, you may apply
for a higher limit. Arbeat will require you to submit to an Enhanced Due Diligence (“EDD”)
check before a higher limit is approved and applied to your Arbeat Account. Additional fees
and costs may apply as applicable. Arbeat shall in its sole discretion determine your
eligibility to an increased Transaction limit and will, where reasonably appropriate, refuse
your application for an increased Transaction limit without providing you with the reason(s)
for its decision.
APPENDIX 3: E-SIGN DISCLOSURE AND CONSENT POLICY
This policy describes how Arbeat delivers communications to you electronically. We may
amend this policy at any time by providing a revised version on our website. The revised
version shall be effective from the date of publication on the website. We will provide you
with prior notice of any material changes to this policy.
ELECTRONIC DELIVERY OF COMMUNICATIONS
You agree and consent to receiving all communications, agreements, documents, notices
and disclosures (collectively, “Communications”) that we provide in connection with your
Arbeat Account and your use of Arbeat Services and/or Arbeat Site electronically.
Communications include without limitation:
Terms of Service and policies you agree to (e.g., the Arbeat User Agreement, Privacy
Policy, Best Execution Policy and order execution arrangements), including updates
to these agreements or policies;
Account details, history, transaction receipts, Delisting Notices, confirmations, and
any other Arbeat Account or transaction information;
Legal, regulatory, and tax disclosures or statements we may be required to make
available to you; and
Responses to claims or customer support inquiries you have raised in connection
with your Arbeat Account.
We may provide these Communications to you by publishing them on the Arbeat Site,
emailing them to you at the registered email address listed in your Arbeat Account, and/or
through other electronic communication such as text message or mobile push notification.
HARDWARE AND SOFTWARE REQUIREMENTS
In order to access and retain electronic Communications, you will need the following
computer hardware and software:
A device with an Internet connection;
A current web browser that includes 128-bit encryption (e.g. Internet Explorer version
9.0 and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or
Safari 7.0 and above) with cookies enabled;
A valid email address (your primary email address on file with Arbeat); and
Sufficient storage space to save past Communications or an printer to print them.
HOW TO WITHDRAW YOUR CONSENT
You may withdraw your consent to receive Communications electronically by contacting
support@arbeat.io. Notwithstanding, you shall continue to receive Communications in
connection with your activities and/or transactions on your Arbeat Account and other
important notification and updates that directly affect or relate to the use of the Arbeat Site
and Arbeat Services.
UPDATING YOUR INFORMATION
It is your responsibility to provide us with true, accurate and complete contact information,
and to keep such information up to date. You understand and agree that Arbeat shall be
deemed to have provided a Communication to you and therefore have no liability to you if
Arbeat duly sends Communication to the contact information properly registered on your
Arbeat Account, notwithstanding that the contact information turns out to be incorrect, out
of date, or no longer in use by you.
ACKNOWLEDGEMENT AND CONSENT
You hereby acknowledge that you have read and understood the terms of this Agreement
(as amended and modified from time to time), you undertake to comply with all aspects of
this Agreement and you consent to be bound by this Agreement until otherwise terminated.
Last Updated: April 2025